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Trademarks
The logo, trademarks, and look-and-feel,
of BLIP and its affiliates are owned exclusively
by BLIP. All other trademarks, product names and
company names or logos cited herein are the property
of their respective owners.
Copyrights
The Content (defined below) is protected
by copyright laws under both United States and
foreign laws. Unauthorized use of the Content
may violate copyright, trademark, and other laws.
All BLIP Content on this Web site is subject to
and protected by Copyright © 2003 Blacklistedip.com
ALL RIGHTS RESERVED.
Limits on Use
This Web site is owned and operated by BLIP, and
is for your personal, noncommercial use. You may
not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative
works from, transfer, or sell in any way any information,
documents, graphics, software, products or services
obtained from this Web site ("Content"), except
that you may view the Content in its present form
and you may download on any single computer one
(1) copy of the Content for personal, noncommercial
home use, provided that you keep intact all copyright
and other proprietary notices. 4. Disclaimer of
Warranties.
THE CONTENT PUBLISHED ON THIS WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. BLIP DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE CONTENT
IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU (AND NOT BLIP)
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
BLIP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN ITS WEB SITE CONTENT WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS WEB SITE OR THE SERVER THAT MAKES
IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
BLIP MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY
OF THE CONTENT CONTAINED ON THIS WEB SITE FOR
ANY PURPOSE. ALL SUCH CONTENT IS PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, BLIP HEREBY DISCLAIMS
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE
CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NONINFRINGEMENT.
Disclaimer of Consequential Damages
IN NO EVENT SHALL BLIP, ITS CONTENT SUPPLIERS,
OR ANY THIRD PARTIES MENTIONED AT THIS WEB SITE,
BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB
SITE OR WITH THE DELAY OR INABILITY TO USE THIS
WEB SITE, OR FOR THE CONTENT OBTAINED THROUGH
THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE
USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BLIP
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Third Party Content on Site
You acknowledge and agree that this
Web site may contain Content provided by other
users, Content suppliers and other third parties.
BLIP makes no representations with respect to,
nor does it guarantee, warrant or endorse the
quality, non-infringement, accuracy, completeness,
timeliness, reliability or correct sequencing
of such third party Content or any other Content
that such third party Content may access. BLIP
expressly disclaims responsibility and liability
for all third party provided Content contained
or accessible through this Web site.
User Submissions
Generally, any communication, which you post
to this Web site, is considered to be non-confidential.
If particular pages on this Web site permit the
submission of communications that will be treated
by BLIP as confidential, such a fact will be stated
in "Legal Notices" on those pages. By posting
communications to this Web site, you automatically
grant BLIP a royalty-free, perpetual, irrevocable
nonexclusive license to use, reproduce, modify,
publish, edit, translate, distribute, perform,
and display the communication alone or as part
of other works in any form, media, or technology,
whether now known or hereafter developed, and
to sublicense such rights through multiple tiers
of sublicenses.
As a user of this Web site ("User"), you are responsible
for your own communications and are responsible
for the consequences of their posting. You must
not do the following things Post content
that is copyrighted, unless you are the copyright
owner or have the permission of the copyright
owner to post it; post content that reveals trade
secrets, unless you own them or have the permission
of the owner; post content that infringes on any
other intellectual property rights of others or
on the privacy or publicity rights of others;
post content that is obscene, defamatory threatening,
harassing, abusive, hateful, or embarrassing to
another User or any other person or entity; post
sexually-explicit image; post advertisements or
solicitations of business; post chain letters
or pyramid schemes; or impersonate another person.
BLIP and its Content suppliers do not represent
or guarantee the truthfulness, accuracy, or reliability
of any of communications posted by other Users
or endorse any opinions expressed by Users. You
acknowledge that any reliance on Content posted
by other Users will be at your own risk.
BLIP does not screen communications in advance
and is not responsible for screening or monitoring
Content posted by Users. If notified by a User
of communications, which allegedly do not conform
to this Agreement, BLIP may investigate the allegation
and determine in good faith and its sole discretion
whether to remove or request the removal of the
communication. BLIP has no liability or responsibility
to Users for performance or nonperformance of
such activities. BLIP reserves the right to expel
Users and prevent their further access to this
Web site for violating this Agreement or the law
and the right to remove communications which are
abusive, illegal, or disruptive.
Links to Other Sites
This Web site may contain links to third
party Web sites. These links are provided solely
as a convenience to you and not as an endorsement
by BLIP of the Content on such third party Web
sites. BLIP is not responsible for the Content
of linked third party Web sites and does not make
any representations regarding the Content or accuracy
of any Content on such third party Web sites.
If you decide to access linked third party Web
sites, you do so at your own risk.
Software Licenses
From time to time, software may be made available
for downloading from this Web site ("Software").
Such Software is protected by copyright and may
be protected by other rights. The use of such
Software is governed by the terms of the software
license agreement or designated "Legal Notice"
accompanying such Software ("License Agreement").
The downloading and use of such Software is conditioned
on your agreement to be bound by the terms of
the License Agreement.
Limitation of Liability
Unless otherwise expressly provided in a
Software License or Legal Notice, the aggregate
liability for BLIP and its Content suppliers to
you for all claims arising from the use of the
Content (including Software) is limited to $100.
Indemnity
You agree to defend, indemnify, and hold
harmless BLIP, its officers, directors, employees,
agents and Content suppliers, from and against
any claims, actions or demands, including without
limitation reasonable legal and accounting fees,
alleging or resulting from your use of this Web
site and the Content (including without limitation,
Software) or your breach of this Agreement. BLIP
shall provide notice to you promptly of any such
claim, suit, or proceeding and shall assist you,
at your expense, in defending any such claim,
suit or proceeding.
Export Control
The United States controls the export of
products and information. You agree to comply
with such restrictions and not to export or re-export
the Content (including Software to countries or
persons prohibited under the export control laws.
By downloading the Content (including Software),
you are agreeing that you are not in a country
where such export is prohibited or are a person
or entity to which such export is prohibited.
You are responsible for compliance with the laws
of your local jurisdiction regarding the import,
export, or re-export of the Content.
User Information
BLIP and its Content suppliers may collect,
use and disclose the IP addresses and zip codes
of all of our Web site's Users on an Aggregate
Basis. For the purposes of this Agreement, "Aggregate
Basis" means that we combine anonymous parts of
your information with anonymous parts of the information
from our other Users without including any of
your personally identifiable information, such
as but not limited to your name and e-mail address,
in the combination. An example of "Aggregate Basis"
without limitation is our tracking the most popular
parts of the BLIP Web site among the Users.
General
This Agreement is effective until terminated by
either party. You may terminate this Agreement
at any time by destroying all Content obtained
from any and all BLIP Web sites and all related
documentation and copies and installations thereof,
whether made under the terms and conditions of
this Agreement, or otherwise. This Agreement will
terminate immediately without notice from BLIP
if, in BLIP sole discretion, you fail to comply
with any of the Terms and Conditions is Agreement.
Upon termination, you must destroy all Content
obtained from this Web site and any and all other
BLIP Web sites and all copies thereof, whether
made under the terms and conditions of this Agreement,
or otherwise.
This Web site is based in Long Beach, California,
U.S.A. BLIP makes no claims that the Content is
appropriate or may be downloaded outside of the
United States. Access to the Content (including
Software) may not be legal by certain persons
or in certain countries. If you access this Web
site from outside of the United States, you do
so at your own risk and are responsible for compliance
with the laws of your jurisdiction. This Agreement
is governed by the internal substantive laws of
the State of California, U.S.A, without respect
to its conflict of laws principles. This Agreement
shall not be governed by the United Nations Convention
on Contracts for the International Sales of Goods.
If any provision of this Agreement is found to
be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect
the validity of the remainsmalling provisions
of this Agreement, which shall remainsmall in
full force and effect. No waiver of any term of
this Agreement shall be deemed a further or continuing
waiver of such term or any other term. Except
as expressly provided in a particular "Legal Notice"
or Software License or Content on particular Web
pages, this Agreement constitutes the entire Agreement
between you and BLIP with respect to the use of
this Web site. BLIP reserves the right to make
changes to this Web site and to this Agreement
at any time without notice.
Cancellation
Policy
All plans will get a 100% refund if requested
within 3 days of signup.
Venues
You agree that any disputes involving this
Web site shall be adjudicated to any federal or
state court located in Long Beach, California.
You also agree to submit to jurisdiction and venue
in any state or federal court in Long Beach, California.
ACKNOWLEDGMENT
AND ACCEPTANCE OF TERMS OF SERVICE
The BLIP Product/Service owned and operated
by BLIP is provided to you ("End User", "You",
or "Your") under the terms and conditions of this
End User Terms of Service, and any revisions,
operating rules or policies that may be published
by BLIP on the BLIP Web site (collectively, "TOS"
or "Terms of Service"). The TOS, and any attachment
expressly referenced in this TOS, is the complete
and exclusive statement of the agreement between
BLIP and You and supercedes any prior agreement,
oral or written, relating to the subject matter
of the TOS. BY USING THE BLIP PRODUCT, YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS
HEREIN. IF YOU DISAGREE WITH ANY PART OF THESE
TERMS OF SERVICE, DO NOT USE OR REGISTER FOR THE
USE OF BLIP PRODUCT/SERVICE.
PRODUCT/SERVICE DESCRIPTION
The BLIP Product/Service provides End User
with the capability to send electronic messages
via the Internet, with the capability of embedding
rich media content, including but not limited
to images, video, music and sounds and other audiovisual
or interactive elements ("Messages"). Unless explicitly
stated otherwise, any new features that augment
or enhance the current BLIP Product, including
among other things the release of new BLIP products
or services, shall be subject to the TOS.
End User must at no cost to BLIP (a) provide for
End User's own access to the Internet and pay
any service fees associated with such access,
and (b) provide all equipment necessary for End
User to make such connection to the Internet,
including without limitation a computer and modem
or a broadband Internet connection.
REGISTRATION OBLIGATIONS
In consideration of Your use of the BLIP Product/Service,
You agree to (a) provide true, accurate,
current and complete information about yourself
as requested from time to time by BLIP (such information
being the "Registration Data") and (b) mainsmalltain
and promptly update the Registration Data to keep
it true, accurate, current and complete. If You
provide any information that is untrue, inaccurate,
not current or incomplete, or BLIP has reasonable
grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, BLIP has
the right to suspend or terminate Your account
and refuse any and all current or future use of
the BLIP Product (or any portion thereof) by You.
INTELLECTUAL PROPERTY
End User acknowledges that all content and materials
provided to End User through the BLIP Product/Service,
including but not limited to text, software, music,
sound, photographs, graphics, video, and animation
(collectively, "Content"), provided by BLIP and
its licensors as identified below are protected
by copyright law, patent law, moral rights law,
trade secret law, confidential information law,
trademark law, unfair competition law or other
similar rights (collectively, "Intellectual Property
Rights").
BLIP and the Licensors retain full and complete
title to all Intellectual Property Rights, including
without limitation any application or right to
apply for registration of any such rights, in
the Content. BLIP and the Licensors grant to End
User a limited, nontransferable, nonexclusive
license to send, compose, read, print, save and
forward Messages containing the Content as described
and limited in these Terms of Service. End Users
are not permitted to utilize the Content for any
other purpose or alter it in any way, including
without limitation removing any proprietary rights
notices. End User's use of the BLIP Product in
no way transfers title of the Content to End User.
End User will not otherwise copy, transmit, distribute,
sell, license, de-compile, reverse engineer, disassemble,
modify, publish, participate in the transfer or
sale of, create derivative works from, perform,
display, incorporate into another Web site, or
in any other way exploit any of the Content or
any derivative works thereof, in whole or in part
for commercial or non-commercial purposes.
End User acknowledges that some of the Content
is provided by the Licensors. End User agrees
to adhere and comply with Licensor's license to
End User, including without limitation those licenses
attached hereto, and to not violate Licensor's
Intellectual Property Rights, as described below.
USER PRIVACY
BLIP considers the Messages to be the private
correspondence between the sender and recipient.
BLIP will not monitor, edit or disclose the contents
of a End User's private communications without
End User's prior permission, except that End User
agrees BLIP may do so (a) as required by
law; (b) to comply with legal process; (c) if
necessary to enforce the Terms of Service; (d)
to respond to a good faith belief or third party
claims that such contents violate the rights or
interests of a third party or the Terms of Service;
(e) to protect the rights or property of BLIP
or others. End User understands and agrees that
technical processing of the Messages is and may
be required (w) to send and receive the Messages;
(x) to conform to the technical requirements of
connecting networks; (y) to conform to the limitations
of the BLIP Product; (z) to conform to other,
similar technical requirements, or as otherwise
stated in the BLIP Privacy Policy, as updated
from time to time, incorporated herein by reference.
"SPAMMING"
End User shall not use the BLIP Product in
any way, form or manner for chain letters, junk
e-mail, "Spamming" (defined below) or any use
of distribution lists to any person who has not
given specific permission to be included in such
a process, including without limitation the collection,
storage or transmission of information for such
a distribution list. An e-mail advertisement which
is (a) addressed to a recipient with whom the
initiator does not have an existing business or
personal relationship and (b) is not sent at the
request of or with the express consent of the
recipient to receive such communications from
You ("Spam" or "Spamming") is strictly prohibited
by BLIP. If any End User uses the BLIP Product
for Spamming, BLIP reserves the right to immediately
terminate End User's access to the BLIP Product
and to seek appropriate legal recourse as necessary.
If You believe that others may be using the BLIP
Product for Spam, You agree to promptly notify
BLIP.
NOTICES
BLIP may give notice to You by e-mail, a posting
on the BLIP Web site, or other reasonable means.
You must give notice to BLIP in writing via e-mail.
BLIP may broadcast, distribute or display notices
or messages through the BLIP Product to inform
End User of changes to the TOS, the BLIP Product,
or other matters of importance; such broadcasts,
distributions or displays shall constitute notice
to End User.
NO RESALE OR COMMERCIAL USE OF THE SERVICE
End User's right to use the BLIP Product is personal
to End User. End User shall not resell or make
any commercial use of the BLIP Product or otherwise
seek financial gain from providing the BLIP Product
or access to the BLIP Product to any third party
without the express, prior, written consent of
BLIP.
CONDUCT
As a condition of End User's use of the BLIP Product,
End User represents and warrants to BLIP that
End User will not use the BLIP Product for any
purpose that is unlawful or prohibited by these
Terms of Service. The BLIP Product makes use of
the Internet to send and receive certain messages;
therefore, End User's conduct is subject to Internet
regulations, policies and procedures. By way of
example, and not as a limitation, End User shall
not
-
Use the
BLIP Product or Content in connection with
unsolicited surveys, contests, pyramid schemes;
-
Defame
(including without limitation libel and slander),
abuse, harass, stalk, embarrass, threaten
or otherwise violate the legal rights (such
as but not limited to rights of privacy and
publicity) of others;
-
Publish,
distribute or disseminate any inappropriate,
profane, vulgar, defamatory, infringing, obscene,
adult-oriented, pornographic, tortious, indecent,
unlawful, immoral or otherwise objectionable
material or information, including without
limitation through using or modifying the
Content;
-
Harm minors
in any way;
-
Harvest
or otherwise collect information about others,
including without limitation e-mail addresses
and e-mail interception, without their consent;
-
Use the
BLIP Product to record the conversations or
communications of other people without their
consent;
-
Create
a false identity for the purpose of misleading
others as to the identity of the sender or
the origin of a Message or forge message headers
or manipulate identifiers to disguise origin
of transmission;
-
Transmit
or upload any material that contains viruses,
trojan horses, worms, time bombs, cancelbots,
or any other harmful or deleterious programs;
-
Transmit
or upload any material that contains software
or other material protected by Intellectual
Property Rights (as defined above in the Content
Section and including but not limited to copyright,
trademark and patent rights), rights of privacy
or publicity or any other applicable law unless
End User owns or controls the rights thereto
or has received all necessary consents;
-
Transmit
any material that encourages conduct that
could constitute a criminal offense, give
rise to civil liability or otherwise violate
any applicable local, state, national or international
law or regulation;
-
Interfere
with or disrupt the BLIP Product, networks
or servers connected to the BLIP Product or
violate the regulations, policies or procedures
of such networks or servers;
-
Attempt
to gain unauthorized access to the BLIP Product,
other accounts, computer systems or networks
connected to the BLIP Product, through password
mining or any other means;
-
Violate
any applicable laws or regulations including,
without limitation, laws regarding the transmission
of technical data or software exported from
the United States through the service and
any other applicable local, state, national
and international laws and regulations;
-
Interfere
with another person's use and enjoyment of
the BLIP Product or another individual's or
entity's use and enjoyment of similar services;
-
Use the
BLIP Product to promote illegal activities;
-
Use the
BLIP Product for illegal purposes;
-
Use the
BLIP Product for gambling or betting or to
promote the use of alcohol, firearms or tobacco
products;
-
Use the
BLIP Product to e-mail links to World Wide
Web sites that violate the TOS; or
-
Engage
in any other conduct, which, in BLIP's sole
discretion, is considered unauthorized or
objectionable.
BLIP has no obligation
to monitor the BLIP Product, End User's use of
the BLIP Product or to retain the content of any
End User session. However, BLIP reserves the right
at all times to monitor, review, retain and/or
disclose any information as necessary to satisfy
any applicable law, regulation, legal process
or governmental request or to enforce the Terms
of Service, in BLIP's sole discretion. End User
agrees that BLIP shall not have liability for
any such monitoring, lack of monitoring, review,
lack of review, retention, lack of retention or
disclosure of information. End User agrees to
be solely responsible and liable for the contents
of End User's Messages sent through the BLIP Product.
USER ACCOUNT, PASSWORD, AND SECURITY
You will receive a password and an account.
You are responsible for mainsmalltaining the confidentiality
of Your password and account. Furthermore, You
are entirely responsible and liable for any and
all activities that occur under Your account,
including among other things the content of transmissions
sent through the BLIP Product from Your account.
You may change Your password at any time by following
instructions made available at the BLIP Web site
or other on-line user information. End User agrees
to immediately notify BLIP of any unauthorized
use of End User's account or any other breach
of security known to End User.
UNSOLICITED SUBMISSIONS
BLIP welcomes comments regarding its products
and services. However, BLIP's policy is to not
accept or consider creative suggestions, ideas,
notes, drawings, concepts or other information
(collectively, "Information") other
than those it has specifically solicited. BLIP
seeks to avoid misunderstandings over the ownership
of Intellectual Property Rights in the Information.
Accordingly, BLIP asks that End User not send
any Information to BLIP. If End User sends BLIP
any Information, the Information shall be deemed,
and shall remainsmall, the property of BLIP and
End User thereby assigns and transfers all Intellectual
Property Rights in the Information to BLIP. End
User further agrees to reasonably effectuate or
confirm the assignment described above in all
other instruments and documents now or hereafter
requested by BLIP. In addition, End User shall
perform any acts that may be deemed desirable
by BLIP to evidence more fully transfer of ownership
of the Information to to the fullest extent possible.
BLIP will not compensate End User in any way for
the assignment of Intellectual Property Rights
in the Information or any related acts by End
User, which are requested by BLIP. BLIP will not
be subject to any obligation of confidentiality
on behalf of End User regarding the Information
and BLIP shall not have liability or owe any compensation
for any use or disclosure of the Information.
USER-SUBMITTED MATERIALS
End User is solely responsible for any data,
text, software, music sound, photographs, graphics,
video, messages, files or other materials which
are transmitted, posted, or distributed by End
User through the BLIP Product ("End User
Materials"), including but not limited to
the contents of End User's e-mail communications
and photos posted by End User on the BLIP Web
site or through the BLIP Product. End User shall
have sole liability for all End User Materials
whether publicly posted or privately transmitted.
BLIP has no obligation to monitor or control the
End User Materials provided via the BLIP Product
and, as such, does not guarantee, warrant or make
any representations about the End User Materials,
including among other things, the accuracy, integrity
or quality of the End User Materials. End User
understands that by using the BLIP Product, End
User may be exposed to content posted by other
users that may be offensive, indecent or objectionable
and that BLIP shall have no liability arising
out of such content. Under no circumstances will
BLIP be liable in any way for any End User Materials,
including, but not limited to, for any errors
or omissions in any Content, or for any loss or
damage of any kind incurred as a result of the
use of any Content posted, e-mailed or otherwise
transmitted via the BLIP Product.
INDEMNITY
End User shall defend, indemnify, and hold
BLIP, the Licensors and their officers, directors,
employees, contractors, agents and affiliates
harmless from any and all liability, claims, causes
of action, proceedings, damages, costs and expenses,
including without limitation reasonable attorneys'
fees, arising out of or relating to End User's
use of the BLIP Product, including without limitation
the End User Materials, End User's violation of
the Terms of Service and End User's violation
of a third party's rights.
STORAGE
BLIP shall not have responsibility or liability
for BLIP's or End User's deletion of a Message
or the failure to send Messages. The amount of
e-mail storage space per End User is limited.
Additional storage space may be available to End
User upon payment of additional fees. BLIP shall
not have responsibility or liability for messages
not processed due to space constraints or outbound
message limitations.
ADVERTISERS
End User's correspondence with any kind of advertisers
or any other merchant (collectively, "Merchants")
found on the BLIP Web site and the BLIP Product
or participation in promotions or sales of goods,
tangible or intangible property or services of
said Merchants, including without limitation the
purchase, sale and delivery of any related goods,
tangible or intangible property or services and
any other terms, conditions, warranties or representations
associated with such advertisements, are solely
between End User and the applicable Merchant.
End User agrees BLIP shall not have liability
for any loss or damage of any sort arising out
of or relating to any dealings with the Merchants
or advertisements or as the result of the presence
of such advertisements on the BLIP Web site and
the BLIP Product.
OTHER SITES
BLIP may provide through the BLIP Web site or
the BLIP Product, or End Users may include in
Messages, links to other Web sites or resources
("Linked Sites"). End User acknowledges
and agrees that BLIP has no control over and is
not responsible for the availability of Linked
Sites. End User further acknowledges and agrees
that BLIP does not endorse and is not responsible
or liable for any content, advertising, products,
or other materials on or available from Linked
Sites. End User agrees that BLIP shall not have
responsibility or liability, directly or indirectly,
for any damage or loss caused, or alleged to be
caused by, or in connection with the use of or
reliance on any such content, goods or services
available on Linked Sites by End User.
DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT ALLOWABLE UNDER STATE
LAW, USER AGREES THAT USE OF THE BLIP PRODUCT/SERVICE
IS AT END USER'S SOLE RISK. THE BLIP PRODUCT IS
PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. BLIP EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES
ARISING OUT OF COURSE OF PERFORMANCE, DEALING,
OR TRADE USAGE. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY USER FROM BLIP OR
THROUGH OR FROM THE BLIP PRODUCT SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
END USER UNDERSTANDS AND AGREES THAT ANY MATERIAL
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF OR FROM THE BLIP PRODUCT/SERVICE IS
DONE AT END USER'S OWN DISCRETION AND RISK AND
THAT END USER WILL BE SOLELY LIABLE FOR ANY DAMAGE
TO END USER'S COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL
AND/OR DATA.
BLIP MAKES NO WARRANTY REGARDING ANY GOODS OR
SERVICES PURCHASED OR OBTAINED THROUGH OR FROM
THE SILVERPOP PRODUCT OR ANY TRANSACTIONS ENTERED
INTO THROUGH THE BLIP PRODUCT.
LIMITATION OF LIABILITY
End User agrees that BLIP shall not have
any liability for any material or data sent or
received or not sent or received through the BLIP
Product, including among other things for the
timeliness, deletion, mis-delivery or failure
to store any End User communications or End User
personalization settings. End User acknowledges
and agrees that BLIP and the Licensors do not
endorse the content of any End User or other BLIP
Product user communications and shall not have
any liability for any unlawful, harassing, defamatory,
privacy invasive, abusive, threatening, offensive,
harmful, vulgar, obscene, tortious, or otherwise
objectionable End User or other BLIP Product user
content or conduct, or End User or other BLIP
Product user content or conduct that infringes
or may infringe the Intellectual Property Rights
or other rights of another. End User specifically
agrees that BLIP shall not have any liability
for any content sent or received using the BLIP
Product and/or included in the BLIP Product by
any third party.
END USER AGREES THAT BLIP, THE LICENSORS AND THEIR
OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS
AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, ARISING OUT OF OR RESULTING FROM (I)
THE USE, INABILITY TO USE OR DELAY IN THE BLIP
PRODUCT/SERVICE; (II) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS
OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM
THE BLIP PRODUCT; (IV) MESSAGES OR CONTENT RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SILVERPOP PRODUCT; (V) UNAUTHORIZED ACCESS TO
OR ALTERATION OF END USER'S TRANSMISSIONS OR DATA;
OR (VI) INTERRUPTION, SUSPENSION OR TERMINATION
OF THE BLIP PRODUCT/SERVICE REGARDLESS OF WHETHER
SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS
JUSTIFIED, NEGLIGENT OR INTENTIONAL, INADVERTENT
OR ADVERTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF BLIP HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO END USER.
BLIP MAKES NO CLAIMS THAT THE BLIP PRODUCT/SERVICe
OR THE CONTENT ARE APPROPRIATE OR MAY BE DOWNLOADED
OUTSIDE OF THE UNITED STATES. ACCESS TO THE BLIP
PRODUCT/SERVICE OR THE CONTENT MAY NOT BE LEGAL
BY CERTAIN PERSONS OR IN CERTAIN COUNTRIES. END
USER'S USE OF THE BLIP PRODUCT/SERVICe FROM OUTSIDE
OF THE UNITED STATES IS AT END USER'S OWN RISK
AND END USER IS RESPONSIBLE FOR COMPLIANCE WITH
THE LAWS OF END USER'S JURISDICTION.
19. TERMINATION
If End User is dissatisfied with any portion
of the BLIP Product/Service, or with any provision
of the TOS, or any subsequent modifications thereto
or becomes dissatisfied with the BLIP Product
in any way, End User's sole and exclusive remedy
is to terminate End User's account. End User may
terminate End User's account under these Terms
of Service for any reason and at any time by notifying
BLIP and discontinuing End User's use of the BLIP
Product/Service and destroying all materials obtained
from the BLIP Product/Service and all related
documentation and all copies and installations
thereof. Upon termination of the BLIP Product/Service,
End User's right to use the BLIP Product/Service
shall cease immediately. Termination of the TOS
shall not have any effect on End User's obligations
under any other agreement related to the BLIP
Product/Service. BLIP shall not have liability
to End User or any third party for termination
of BLIP Product/Service. End User shall have no
right and BLIP will have no obligation thereafter
to forward any unread or unsent messages to End
User or any third party.
BLIP may immediately terminate the BLIP Product/Service
or End User's access to the BLIP Product/Service
should End User's conduct fail to conform with
these Terms of Service, including but not limited
to the terms of conduct set forth in Sections
6 and 9, or without prior notice for any reason
whatsoever in BLIP's sole discretion. Upon termination,
End User must destroy all materials obtained from
the BLIP Product and all related documentation
and all copies and installations thereof. If BLIP
terminates End User, BLIP may immediately delete
all Messages in End User's account and bar any
further access to such Messages or the BLIP Product
by End User.
MODIFICATIONS
TO THE SERVICE AND TERMS OF SERVICE
BLIP may modify or discontinue the BLIP Product/Service
upon notice to End User or change the Terms of
Service from time to time. End User will be notified
of any such changes with a link notifying of a
change from the opening page on the BLIP Web site
and via e-mail. End User will be asked to review
the new TOS. By continuing to use the BLIP Product
End User agrees to be bound by the modifications
to the Terms of Service. End User agrees that
BLIP shall not have liability to End User or any
third-party for any modification or discontinuance
of the BLIP Product/Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that BLIP may establish general
practices and limits concerning use of the BLIP
Product/Service, including without limitation
the maximum number of days that e-mail messages
or other uploaded Content will be retained by
the BLIP Product, the maximum number of e-mail
messages that may be sent from or received by
an account on the BLIP Product/Service, the maximum
size of any e-mail message that may be sent from
or received by an account on the BLIP Product/Service,
the maximum disk space that will be allotted on
BLIP's servers on Your behalf, and the maximum
number of times (and the maximum duration for
which) You may access the BLIP Product/Service
in a given period of time. You acknowledge that
BLIP reserves the right to log off accounts that
are inactive for an extended period of time. You
further acknowledge that BLIP reserves the right
to change these general practices and limits at
any time, in its sole discretion, with or without
notice.
GENERAL
THE TERMS OF SERVICE AND THE RELATIONSHIP BETWEEN
END USER AND BLIP SHALL BE GOVERNED BY THE LAWS
OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS
CONFLICT OF LAW PROVISIONS. End User and BLIP
agree to submit to the personal jurisdiction of
the courts located within the state of California.
The failure of BLIP to exercise or enforce any
right or provision of the Terms of Service shall
not constitute a waiver of such right or provision.
If any provision of the Terms of Service is found
by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court
should endeavor to give effect to the parties'
intentions as reflected in the provision, and
the other provisions of the Terms of BLIP Product/Service
remainsmall in full force and effect. End User
agrees that regardless of any statute or law to
the contrary, any claim or cause of action arising
out of or related to use of the BLIP Product/Service
or the Terms of Service must be filed within one
(1) year after such claim or cause of action arose
or be forever barred. The section titles in the
Terms of Service are for convenience only and
have no legal or contractual effect. If any provision
hereof is declared invalid by a court of competent
jurisdiction, such provision shall be ineffective
only to the extent of such invalidity, so that
the remainsmallder of that provision and all remainsmalling
provisions of the TOS shall be valid and enforceable
to the fullest extent permitted by applicable
law. BLIP agrees to perform the BLIP Products/Services
hereunder as an independent contractor, and in
no event shall BLIP's employees and/or agents
be deemed End User's employees and/or agents.
The Terms of Service constitute the entire agreement
between the parties concerning this subject matter,
and supersede and cancel any and all prior or
contemporaneous agreements or contracts, whether
written or oral. Each party acknowledges that
it is not entering into this Agreement on the
basis of any representation not expressly contained
in the Terms of Service. This TOS and all rights
and obligations may not be assigned in whole or
in part by You without the prior written consent
of BLIP. BLIP shall not be liable for failure
to perform any of its obligations hereunder if
such failure is caused by an event outside its
reasonable control, including but not limited
to, an act of God, war, or natural disaster. All
terms which by there nature survive termination
of the TOS shall so survive.
End User agrees that BLIP and its designees may
in their sole discretion prohibit End User's use
of the BLIP Product/Service if they believe End
User has in any way violated the Terms of Service.
COPYRIGHTS
BLIP respects the intellectual property of others,
and we ask our users to do the same. If You believe
that Your work or another party's work has been
copied in a way that constitutes copyright infringement,
please provide BLIP the following information
-
An electronic
or physical signature of the person authorized
to act on behalf of the owner of the copyright
interest;
-
A description
of the copyrighted work that You claim has
been infringed;
-
A description
of where the material that You claim is infringing
is located on the site;
-
Your name,
address, telephone number, and e-mail address;
-
A statement
by You that You have a good faith belief that
the disputed use is not authorized by the
copyright owner, its agent, or the law;
-
A statement
by You, made under penalty of perjury, that
the above information in Your Notice is accurate
and that You are the copyright owner or authorized
to act on the copyright owner's behalf
VIOLATIONS
Please report any violations of the TOS to
Legal Department
Blacklistedip.com
1777 Bellflower Blvd. #100
Long Beach, CA 90815
By phone: (800) 490-5369
By e-mail: mailto:blacklistedip@bmesrv.com
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